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EPL Risk Mitigation Blog Blog

Articles: 1-10 of 59

Washington Supreme Court Confirms Higher Standard for Harassment at a “Place of Public Accommodation”

USA - June 25 2019 Under the Washington State Law Against Discrimination (“WLAD”), the statute prohibits “places of public accommodation” discriminating against…

New Jersey Hotels Must Provide “Panic Buttons”

USA - June 17 2019 New Jersey Governor Murphy signed Bill S-2986 into law on June 11, 2019 mandating that “larger” hotels protect workers from sexual violence, assault…

Second Circuit: ADA Allows Hostile Work Environment Claims

USA - June 11 2019 The Second Circuit recently held that the Americans with Disabilities Act (“ADA”) encompasses claims for hostile work environment harassment (“HWE”)…

U.S. Supreme Court: Employee May Proceed with Title VII Claim Despite Not Fulfilling EEOC Filing Obligation

USA - June 3 2019 The general rule is that a federal discrimination claim should be dismissed unless a timely charge was filed with the Equal Employment Opportunity…

Second Circuit: Application of Neutral Policy Does Not Interfere with FMLA Rights

USA - May 31 2019 As recently reaffirmed by the U.S. Court of Appeals for the Second Circuit, neutral application of a policy to prorate incentive compensation…

Employee’s Receipt of Social Security Benefits May Prevent a Subsequent Claim for Disability Discrimination under the ADA

USA - May 6 2019 An employee who applies for and receives Social Security disability benefits may be judicially estopped from bringing a disability discrimination…

Federal Judge Reinstates Use of Revised EEO-1 Form, Effective Immediately

USA - March 7 2019 A U.S. District Court has immediately restored the prior directives of the Equal Employment Opportunity Commission and Office of Management and…

New York State Commissioner of Labor Testifies On Combatting Sexual Harassment in the Workplace

USA - February 15 2019 As if the current legal environment for employers and their insurance carriers was not sufficiently challenging, state legislatures are considering…

Court Confirms Employer Can Be Liable For Harassment By Non-Employee

USA - February 8 2019 Faced with a question not yet addressed by the Third Circuit, a federal judge in Pennsylvania found an employer, as well as individual managers, may…

Federal District Court: Location of Employment Governs Applicable Law

USA - January 30 2019 Where an employee works outside the jurisdiction where the decision-maker is located, which location’s law applies? A recent decision by a New York…